Wage and Hour Issues and Answers Administrative Informational Session on the Fair Labor Standards Act

TOPICS FOR DISCUSSION  EMPLOYEES THAT ARE “EXEMPT” FROM FLSA  EMPLOYEES THAT ARE “NON- EXEMPT”  WHAT IS COMPENSABLE TIME  CALCULATATION OF OVERTIME  REVISED HOURLY TIMESHEET  PROBLEM AREAS

EXEMPT EMPLOYEES Exempt employees are those who are not entitled to overtime pay because they meet one of three exemption categories

EXEMPT EMPLOYEES Executive  Employees that have the primary duty of management ( Superintendent, Directors, Assistant Supt., Supervisors )  Directs the work of two or more employees  Has authority to hire/fire  Exercises discretion in performance of job duties

EXEMPT EMPLOYEES Administrative  Employees who perform office or non-manual work that is directly related to the management policies or general business operation and includes Principals and Assistant Principals.  Regularly excises discretion and judgment And/or  Regularly assists an executive or administrator

EXEMPT EMPLOYEES Professional  Employees who perform work requiring advanced knowledge and education  Regularly exercise discretion and judgment  Perform work that intellectual and varied in character. This includes, teachers, counselors, and registered nurses.

NON-EXEMPT EMPLOYEES  Non-exempt employees are those who DO NOT meet one of the three exemption categories.  Positions that are non-exempt  Secretaries  Bookkeepers  Bus drivers  Receptionists/Clerks  Aides-Teacher, Media, and Health  Custodians  Maintenance Workers  Cafeteria Workers  Computer Techs

Compensable Time  Compensable time is that time under FLSA for which an employee may claim the right to compensation for hours worked.  Includes all hours on duty and any time an employee is suffered or permitted to work.  Any time that an employer knows or has reason to know that an employee is working.

Compensable Time (cont) Examples  Employee takes work home  Employee comes in early or stays late to catch up  Employee works through lunch to answer the phone  Employee is required to attend an after school event

Compensable Time (cont) CANNOT  Non-Exempt Employees CANNOT volunteer to do there job or any like job. Examples  Bus Driver who has a child on a sports team cannot volunteer to drive the bus to a game.  A Custodian COULD volunteer to collect tickets or keep the clock at a basketball game.

Compensable Time (Lunch Breaks) Lunch Breaks are non-paid breaks  MUST be duty free  Must be a minimum of 20 Minutes  Cannot be required to take lunch break less than 3 hours or more than 5 hours from the time the shift commences.

Compensable Time (Breaks) Paid Breaks  Must give a rest period of a minimum 10 minutes during every 4 hours worked.  An employee works less than 8 hours a day is only entitled to 1 break per shift. An 8 hour employee is entitled to 2 paid breaks.

Compensable Time (cont)  Workweek includes all time during which an employee is required to be on duty and starts on Sunday and ends on Saturday  Workday means the period between the time on any particular day when an employee commences their principal activity and the time they cease the principal activity including time that exceeds the normal scheduled shift

Compensable Time (cont)  Work not requested but suffered or permitted is work time and the employee must be paid. Example: an employee voluntarily, without direction or approval of their supervisor continues to work past the end of the scheduled shift to correct errors on a report.  Waiting Time- Time when an employee is engaged to wait to perform a task is work time.  On Call Time- An employee who is required to be on call on the employers premises is working.  Lectures, meetings, and trainings- Are to be counted as work time unless they are outside normal work hours, not job related, and no other work is to be performed

Compensable Time (cont) Travel Time  Home to work and work to home is not work time.  Home to work at some other site may include some work time. The amount of time that exceeds normal home to the regular work site is work time.  Travel from work site to work site as part of principal activity is work time.  Travel with overnight. Time spent performing work or required training is work time. Remainder of time is not.

Calculating Overtime  All hours less than forty per week are at normal hourly rate. Does not require OT for more than 8 hours per day.  All hours above contracted daily hours are excess hours and must be approved by the supervisor using the proper form  All hours actually worked (hours that include sick, personal leave are not worked) in excess of forty per week must be paid at one and one half times the normal rate and must be approved using the proper form  If two rates then the two rates are averaged.

HOURLY TIMESHEET

PROBLEM AREAS  Dual Employment of non-exempt employees.  Lump Sum payments and Minimum Wage  Duty Free Lunches/Breaks  After school events  Coming in early/staying late without authority  Timesheets and sign in/out sheets do not match  Volunteering for school events  Time not being monitored by supervisors

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